“Today, religion has taken the stage, front and center, in the battle over the constitutionality of Prop. 8 and is being portrayed as an illegitimate basis for supporting traditional marriage. Religious bigotry surely found expression in today’s presentation by the plaintiffs,” he charged.

“To suggest that the people of California cannot consider their own political, moral and religious views when casting their vote on Prop. 8 is preposterous,” Pugno continued, adding that many issues are presented to voters that involve moral questions.

This is a straw man that my 12 year old could knock down in his sleep and sidesteps the very real and important issue that despite over 200 years of separation of church and state, the church continues to attempt to guide public policy through its adherents.

The facts are these: the right to marry was given to gay and lesbian couples. That right was taken away by the tyranny of the majority in large part due to out of state religious groups with deep pockets. The Mormon church was a key proponent of Prop 8 while operating out of Utah. If the residents of Utah are that concerned with the state of California’s public policy, perhaps they should start donating some cash to assist with the beleaguered state’s budgetary woes. If one is going to say that the states should make up their own minds, then LET THEM. Do not sanctimoniously claim that none but the people of each state should choose which policy to embrace and then embroil yourself in that choice.

Further, the Constitution exists to protect the rights of the individual from the tyranny of the majority. To have a court interpret the constitution in such a way that rights are afforded equally among its citizens and then remove that right by appealing to the basest fears and prejudices of its citizens flies directly in the face of what it means to claim ‘freedom and justice for all.’

Most importantly: appealing to any citizen’s religious beliefs in order to perpetrate discrimination against any group is not only ethically reprehensible, it is unconstitutional. As soon as ANY leader claims anyone should vote a certain way because ‘it’s what God says,’ the United States Constitution has ceased to be followed. No law shall be made based on religious belief. If the people of the great state of California want to play at being legislators, then they need to follow the law. Not god’s law, the law of the United States of America and the state of California, which dictates a separation of church and state. I don’t care what your personal beliefs are. The second they start infringing on the rights of others, you lose your credibility and your claim that you love this country.